Truck Accident Claims in New Hampshire

New Hampshire law lets the Commissioner of Safety adopt the current federal motor carrier safety regulations (49 CFR parts 107, 380 and 382-397) as rules, with later federal amendments applying automatically, and to exempt purely intrastate vehicles and drivers where a rule is an unnecessary burden. By rule, the Department of Safety incorporates 49 CFR 107, 382 and 385 through 397 and applies them to all motor carriers and commercial vehicle drivers, in intrastate or interstate commerce. Some exemptions exist, such as hours-of-service for intrastate utility service drivers and certain small farm-plated vehicles. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.

No general cap on damages in ordinary injury cases was found. In wrongful death cases, a surviving spouse's damages for loss of companionship are capped at $500,000 and loss of familial relationship damages at $300,000 per claimant; total wrongful death damages are capped at $50,000 only when the decedent left no spouse, child, parent or dependent relative. Claims against the state and local governments are also capped.

Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.